IN THE CASE OF:	  

		BOARD DATE:	  11 September 2008

		DOCKET NUMBER:  AR20080008022 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Air Medal.

2.  The applicant states, in effect, that his award of the Air Medal was omitted from his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 13 May 1970; DA Form 4980-9 (The Air Medal Certificate), dated 29 September 1983; and DA Form 1577 (Authorization for Issuance of Awards), dated 20 September 1983.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he was inducted into the Army of the United States on 14 May 1969.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record). 

     a.  Item 29 (Qualification in Arms) shows the applicant qualified Expert with the Grenade; Sharpshooter with the M-14 and M-16 Rifle; and Second Class (i.e., Sharpshooter) with the M-60 Machinegun.

     b.  Item 31 (Foreign Service) shows that the applicant served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 9 October 1969 to 8 October 1970.

     c.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile),
501st Infantry Regiment (RVN), from 20 October 1969 through 11 November 1969, with principal duty as a Rifleman in duty MOS 11B1O.  He was then assigned to Company D, 2nd Battalion (Airmobile), 501st Infantry Regiment (RVN), from 12 November 1969 through 19 May 1970, with principal duty as a Rifleman in duty MOS 11B1O.  This item also shows the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile),
501st Infantry Regiment (RVN), from 20 May 1970 through 4 October 1970, with principal duty as a Rifleman in duty MOS 11B1O.

     d.  Item 39 (Campaigns) shows he participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and an unnamed campaign.

     e.  Item 41 (Awards and Decorations) shows he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with (M-14 and M-16) Rifle and (M-60) Machinegun Bars, and 2 Overseas Service Bars.

4.  The applicant’s military service records contain a copy of Headquarters,
101st Airborne Division (Airmobile) (RVN), General Orders Number 14718, dated 12 December 1969; and a 101st Airborne Division (RVN), Air Medal Citation.  These documents, in pertinent part, show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial combat assault into hostile territory in the RVN on 17 November 1969.
5.  The applicant’s military service records contain a DD Form 214, with an effective date of 13 May 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 14 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  At the time, he was credited with completing 2 years net service this period;
2 years total active service; and 1 year of foreign service.

6.  In support of his application, the applicant provides the following documents.

     a.  A copy of his DD Form 214, with an effective date of 13 May 1971, that was previously introduced and considered in this Record of Proceedings.

     b.  DA Form 4980-9 (The Air Medal Certificate), dated 29 September 1983, that shows the applicant was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the RVN on 17 November 1969.

     c. DA Form 1577 (Authorization for Issuance of Awards), dated 20 September 1983, that shows the applicant was authorized issuance of the Bronze Star Medal, Air Medal with Numeral “1,” Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  This document also shows the applicant was advised he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, this foreign unit award is not issued by the Department of the Army.

7.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  The applicant’s military service records contain a copy of Headquarters,
101st Airborne Division (Airmobile) (RVN), General Orders Number 9832, dated
24 August 1970.  These orders, in pertinent part, show that the applicant was awarded the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the RVN from 10 July 1969 to 13 June 1970.

9.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, New Jersey, General Orders Number 85, dated 26 April 1971.  These orders, in pertinent part, show that the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 14 May1969 to 13 May 1971.

10.  Army Regulation 600-8-22 (Military Awards), as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

11.  Appendix B of Army Regulation 600-8-22 lists campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive campaigns.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Company D, 2nd Battalion, 501st Infantry (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).  This document also shows that at the time of the applicant’s assignment to the unit, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.


15.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

19.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a 
prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award the Air Medal because the award was omitted from his DD Form 214.

2.  Records show that General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial combat assault into hostile territory in the RVN on 17 November 1969.  Records also show that General Orders awarded the applicant the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the RVN from 10 July 1969 to
13 June 1970.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Air Medal with Numeral “2.”

3.  Records show that General Orders awarded the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 14 May 1969 to 13 May 1971.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  Records show that the applicant served a qualifying period of honorable active duty service for award of the National Defense Service Medal. Therefore, it would be appropriate to correct his records to show award of this service medal.

5.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 3 campaigns during his service in the RVN. Therefore, it would be appropriate to correct his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.


BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     b.  adding to Item 24 of his DD Form 214 the Air Medal with Numeral “2,” Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008022



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ABCMR Record of Proceedings (cont)                                         AR20080008022



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